[Adopted as § 9.24 of the 1984 Code]
As used in this article, the following words, terms and phrases shall have the meanings ascribed to them in this section:
APIARY
A physical location where one or more colonies of bees and their hives are kept by humans for purposes of education, pollination, production or observation.
BEE
Either a honeybee or bumblebee when kept by a human beekeeper for purpose of education, pollination, production or observation. In the case of honeybees, the species shall be Apis mellifera, known as the common domestic honeybee.
COLONY
A settlement of bees consisting of queen, workers and drones. A colony can be in a hive or as a swarm.
FLYWAY BARRIER
A natural or man-made obstacle causing the bees to go up after exiting the hive. Barriers may be fences, walls or shrubs, typically six feet or more in height.
FRAME
Refers to the natural or man-made honeycomb divisions within a beehive where the colony houses their family and food.
HIVE or BEEHIVE
A structure that houses a bee colony. In accordance with the Wisconsin Statutes, honeybees shall be kept in movable frame hives.
SWARM
A natural behavior exhibited by insects or animals which aggregate together, moving en masse to or from a location.
All beehives shall be well maintained according to good beekeeping practices.
Any person desiring to keep beehives within the City must obtain a license. Any person keeping existing beehives on his or her property within the City on the effective date of this article shall have two weeks from the effective date of this article to apply for a City beekeeping license. Applications shall be submitted to the City Clerk. At the time of application for a City beekeeping license:
A. 
The applicant shall be in compliance with the other requirements of this article;
B. 
The applicant shall pay a one-time nonrefundable application fee in an amount established or revised from time to time by resolution of the Common Council; and
[Amended 12-15-2020 by Ord. No. 2020-9]
C. 
Neighborhood notification shall be required. Before a beekeeping license is issued, the following process must be followed:
(1) 
When a license application is submitted, all owners of property, including but not limited to schools, businesses and rental properties, lying within a radius of 200 feet, centered on the premises for which the license has been requested, shall be notified by the license applicant. Using a neighborhood notification form (NNF-1) provided by the City, the applicant shall contact each of said property owners, informing them of the applicant's intention to keep bees on the applicant's premises. Each of said property owners shall be asked to sign the NNF-1 form so as to indicate their approval of the applicant's request.
(2) 
In addition to any other information required by the City, the NNF-1 form shall require an applicant to provide the names and addresses of all property owners described in Subsection C(1) hereof, together with a map showing the proposed location of all hives on the premises in relation to the specific setback distances prescribed in § 141-14 hereof.
(3) 
The applicant shall return the completed NNF-1 form to the City Clerk. Upon receipt of the form, the City Clerk shall send a follow-up verification letter to each of the property owners described in Subsection C(1) hereof via first-class mail. Said letter shall inform the property owners that they have 14 days from the date of mailing of such letter to file a written objection with the Clerk if they object to the granting of the beekeeping license.
(4) 
If more than 30% of the property owners described in Subsection C(1) hereof object, or if a timely written objection is filed by one of said property owners having a resident family member with a demonstrable medical condition relating to bee stings, the Common Council shall hold a hearing within 30 days to review and act on the license application, taking into consideration the standards set forth in §§ 141-13 and 141-14 hereof.
(5) 
Within 10 days of completion of the hearing conducted pursuant to Subsection C(4) hereof, the City Clerk shall mail to the objector(s) and license applicant the Common Council's written determination on the application.
[Amended 12-15-2020 by Ord. No. 2020-9]
A City beekeeping license may be renewed annually by submitting an updated NNF form, page one only, to the City Clerk within 30 days of January 1, together with a license renewal fee in an amount established or revised from time to time by resolution of the Common Council. At the time of applying for a renewal license, an applicant shall comply with the same requirements set forth in § 141-11A and C(3), (4) and (5) hereof for an initial City beekeeping license.
A license authorizes the keeping of an apiary, provided the following:
A. 
No more than three hives are allowed on a lot or double lot. For lots greater than one acre in size, up to five hives may be permitted.
B. 
All bees shall be kept in hives which shall be maintained in good condition.
C. 
Each beekeeper shall ensure that a convenient source of fresh water is available at all times so that the bees are discouraged from congregating at swimming pools, bibcock, pet water bowls, birdbaths, or other water sources where they may interact with humans or domestic pets.
D. 
Beekeepers shall utilize local beekeeping associations and classes to obtain and maintain needed skills and current practice in beekeeping. Proof of training or tutelage shall be submitted with the NNF-1 form filed with the City Clerk.
E. 
Hives shall be actively maintained. Hives not under active human management and maintenance shall be dismantled or removed by the most recent licensee.
F. 
In the event bees in a hive repeatedly exhibit aggressive characteristics, it shall be the duty of the beekeeper to remove, destroy or re-queen the hive. Since there are weather and other circumstances in which bees may exhibit temporary defensive behavior, the Wisconsin State Bee Inspector can make the determination whether to remove, destroy or re-queen a hive.
G. 
In addition to compliance with the requirements of this article, no beekeeper shall keep a hive or hives that cause any unhealthy conditions or interfere with the normal use and enjoyment of human or animal life of others, any public property or property of others.
All licensed beehives must be located in a manner which is safe for bees and the community. The following location standards shall apply unless the owner(s) of the adjoining property(ies) grants written permission for closer placement.
A. 
The natural flight path of the bees shall not be directly onto the adjoining property. If the hives are kept within 20 feet of the property lines, a six-foot-high closed fence, closed hedge, building or other solid flyway barrier shall be located between the hives and the property lines.
B. 
All hives and related structures forming an apiary shall be located at least 20 feet from the front property line and 10 feet from all other property lines.
C. 
Hives shall be located a minimum of 50 feet from dwellings, porches, gazebos, decks, swimming pools, stationary play equipment and any other habitable area on any adjoining lots.
The keeping of any apiary within the City which is not in compliance with this article is prohibited. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, should be reported to City police. Any colony residing in a standard or home-made hive which, by virtue of its condition, has obviously been abandoned or improperly maintained by the beekeeper is prohibited. The beekeeper shall have 30 days following written notice from the City to bring the hive(s) into compliance.
In order to ensure that beehives are in compliance with this article and that there are no hazards or other issues present, an annual inspection of the licensed premises shall be required. Beekeepers shall utilize the apiary inspection services of the Wisconsin State Bee Inspector or designated local beekeeping experts to perform such inspections.
Violations of this article are subject to penalties as provided in § 1-4 of the Municipal Code and any other enforcement action, including but not limited to legal remedies and injunctive relief.